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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Dhrubajyoti Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.:-
Preface :
1. By filing the present writ petition, the petitioners pray for the issuance of an appropriate order, direction, or writ, more particularly a writ in the nature of mandamus, commanding the concerned respondents to approve the appointment of petitioner nos. 1 to 4 as teaching staff and petitioner no. 5 as non-teaching staff, with effect from 01.01.2021, being the date on which financial aid was granted to Lakshman Chandra Jageswar 4-Class Junior High School (hereinafter referred to as "the School"), followed by the grant of recognition to the said School. Additionally, the petitioners pray for a directive to the respondents to release the salary of the petitioners and arrears of salary w.e.f. 01.01.2021.
2. Before addressing the issues raised in the present writ petition, it would be appropriate to advert to the essential facts, as reflected in the writ petition and its annexures, which led to its institution. Those essential facts are as follows:
i) Petitioner nos. 1 to 4, having the requisite qualifications for appointment as Assistant Teachers, and petitioner no. 5, similarly qualified for a non-teaching staff position, were appoin
Recognition and financial aid for educational institutions must align with equitable staff employment and ensure compliance with established legal conditions for staff remuneration.
The court established that teachers engaged in unrecognized classes can be regularized upon the recognition of the school, provided their appointments were bona fide.
Teachers of a derecognized institution do not have a legal right to claim absorption in other schools; recognition cancellation eliminates enforceable employment rights.
The appointment given beyond the sanctioned strength cannot be declared legal, and thus, the refusal to approve the appointment was upheld.
Appointments made in contravention of statutory provisions cannot be regularized, and authority to appoint staff lies with the Commission post-upgradation.
The main legal point established in the judgment is the entitlement of the appellant's service to be regularised as a Headmistress, the inapplicability of the School Service Commission Act, 1997 to h....
Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized u....
The court upheld the rejection of salary claims based on findings that the petitioners' appointment letters were forged and the selection process did not comply with applicable recruitment rules.
Educational institutions do not have an inherent right to receive financial aid; such aid is contingent upon compliance with statutory provisions and the economic capacity of the state.
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